{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-142.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-142.6","heading":"Notice of proposed demolition, explosion or excavation -","body":"Marking or providing location of facilities - Emergencies.\n\nA. Before an excavator shall demolish a structure, discharge\n\nany explosive or commence to excavate in a highway, street, alley or\n\nother public ground or way, on or near the location of an operator's\n\nunderground facilities, or a private easement, such excavator shall\n\nfirst notify all operators in the geographic area defined by the\n\nnotification center who have on file with the notification center a\n\nnotice pursuant to Section 142.3 of this title to determine whether\n\nany operators have underground facilities in or near the proposed\n\narea of excavation or demolition. When an excavator has knowledge\n\nthat an operator does not have underground facilities within the\n\narea of the proposed excavation, the excavator need not notify the\n\noperator of the proposed excavation. However, an excavator shall be\n\nresponsible for damage to the underground facilities of an operator\n\nif the notification center was not notified. When an excavator has\n\nactual knowledge that an operator has unmarked hydrocarbon and\n\nhazardous liquid underground facilities within the area of proposed\n\nexcavation, the excavator shall not commence excavation or\n\ndemolition until notice has been given and such facilities have been\n\nmarked. For purposes of this section, \"actual knowledge\" shall mean\n\ndirect and clear knowledge; provided, however, actual knowledge may\n\nbe demonstrated through circumstantial evidence and if the\n\ncircumstances are such that a defendant must have known, an\n\ninference of actual knowledge is permitted. The excavator shall\n\nmaintain and preserve all hydrocarbon and hazardous liquid markings\n\nfor the duration of the excavation or demolition and shall notify\n\nthe notification center if such marks are no longer visible or are\n\nremoved and underground facilities have not been exposed. An\n\nexcavator must check for positive response at the notification\n\ncenter prior to excavating or demolishing to ensure that all\n\noperators have responded and that all facilities that may be\n\naffected by the proposed excavation or demolition have been marked.\n\nNotice shall be given no less than forty-eight (48) hours, excluding\n\nthe date of notification, Saturdays, Sundays and legal holidays,\n\nprior to the commencement of the excavation or demolition. If a\n\npositive response of watch and protect has been indicated, no\n\nexcavation may take place without the operator or its designated\n\nrepresentative present to observe the excavation within ten (10)\n\nfeet of the operator's markings of its existing underground\n\nfacility. Notice shall expire fourteen (14) calendar days from the\n\nexcavation start date. No excavation may continue after the notice\n\nexpiration unless subsequent notice has been submitted pursuant to\n\nnotice requirements. If excessive and unreasonable requests for\n\nmarking are made by an excavator when no excavation is taking place\n\nprior to notice expiration, the excavator may be liable to the owner\n\nor operator for the reasonable cost of such marking.\n\nB. Each operator served with notice in accordance with\n\nsubsection A of this section either directly or by notice to the\n\nnotification center shall, prior to the date and time work is\n\nscheduled to begin, unless otherwise agreed to between the excavator\n\nand operator, locate and mark or otherwise provide the approximate\n\nlocation of the underground facilities of the operator in a manner\n\nas to enable the excavator to employ hand-dug test holes to\n\ndetermine the precise location of the underground facilities in\n\nadvance of excavation. However, during any state of emergency\n\ndeclared by the Governor or Legislature that impacts the area of\n\nexcavation or demolition, the time limitations of this subsection\n\nshall be inapplicable. Each operator shall provide a positive\n\nresponse to the notification center prior to the expiration of the\nholes to\n\ndetermine the precise location of the underground facilities in\n\nadvance of excavation. However, during any state of emergency\n\ndeclared by the Governor or Legislature that impacts the area of\n\nexcavation or demolition, the time limitations of this subsection\n\nshall be inapplicable. Each operator shall provide a positive\n\nresponse to the notification center prior to the expiration of the\n\nrequired notice period. This response shall indicate the status of\n\nthe required activities of the operator or designated representative\n\nin regard to the proposed excavation or demolition. For the purpose\n\nof the Oklahoma Underground Facilities Damage Prevention Act, the\n\napproximate location of the underground facilities shall be defined\n\nas a strip of land two (2) feet on either side of such underground\n\nfacilities. If a positive response to watch and protect is\n\nindicated, the operator shall provide the name and phone number of\n\nthe contact who shall be present for observation and a designated\n\noperator representative shall be on site at the ticket date and time\n\nagreed upon in writing by the excavator and operator. Whenever an\n\noperator is served with notice of an excavation or demolition and\n\ndetermines that the operator does not have underground facilities\n\nlocated within the proposed area of excavation or demolition, the\n\noperator shall communicate this information to the excavator\n\noriginating the notice prior to the commencement of such excavation\n\nor demolition.\n\nC. The only exception to subsection A of this section shall be\n\nwhen an emergency exists that endangers life, health or property.\n\nUnder these conditions, excavation operations may begin immediately,\n\nproviding reasonable precautions are taken to protect underground\n\nfacilities. All operators of underground facilities within the area\n\nof the emergency must be notified promptly when an emergency\n\nrequires excavation prior to the location of the underground\n\nfacilities being marked. If requests for emergency locates are made\n\nby an excavator when there is no emergency, the excavator may be\n\nliable to the owner or operator for the reasonable cost of emergency\n\nresponse.\n\nD. Every notice given by an excavator to an operator pursuant\n\nto this section or to the notification center pursuant to Section\n\n142.3 of this title shall contain at least the following\n\ninformation:\n\n1. The name of the individual serving such notice;\n\n2. The location of the proposed area of excavation or\n\ndemolition;\n\n3. The name, address and telephone number of the excavator or\n\nexcavator's company;\n\n4. The name and phone number of an excavator field contact with\n\nactual knowledge of the excavation site and project;\n\n5. The type and the extent, not to exceed five hundred (500)\n\nlinear feet in incorporated areas or one (1) linear mile in\n\nunincorporated areas, of the proposed work;\n\n6. Whether or not the discharging of explosives is anticipated;\n\nand\n\n7. The date and time when work is to begin.\n\nE. In marking the approximate location of underground\n\nfacilities, an operator shall follow the standard color coding\n\ndescribed herein:\n\nOPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR\n\nElectric Power Distribution\n\nGas Distribution and\n\nOil Distribution and\n\nDangerous Materials, Product\n\nTelephone and Telegraph\n\nPolice and Fire","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"894786d9a3d47d0834f92c9f7d88af958a29d9adcf88c3f4c3412e6789b974e5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-142.5","next":"us-ok/okla.-stat.-tit.-63-63-142.7"},"notice":"GroundRules: Original legal text. Not legal advice."}